Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Alabama | Ala.Code 1975 § 13A-5-11 | Fines for felonies |
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:(1) For a Class A felony, not + See moremore than $60,000;... or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $60000 | Felony | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-11 | Fines for felonies |
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:(2) For a Class B felony, not + See moremore than $30,000;... or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $30000 | Felony | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-11 | Fines for felonies |
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:(3) For a Class C felony, not + See moremore than $15,000... or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $15000 | Felony | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-11 | Fines for felonies |
(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:(4) For a Class D felony, not + See moremore than $7,500; or
(5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $7500 | Felony | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-12 | Fines for misdemeanors and violations |
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:(1) For a Class A misdemeanor, not + See moremore than $6,000;...or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $6000 | Misdemeanor | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-12 | Fines for misdemeanors and violations |
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:(2) For a Class B misdemeanor, not + See moremore than $3,000;... or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $3000 | Misdemeanor | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-12 | Fines for misdemeanors and violations |
(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:(3) For a Class C misdemeanor, not + See moremore than $500; or
(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $500 | Misdemeanor | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-5-12 | Fines for misdemeanors and violations |
A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the + See morepecuniary gain to the defendant or loss to the victim caused by the commission of the offense.
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$0 - $200 | Misdemeanor | No | Court | No |
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Alabama | Ala.Code 1975 § 13A-12-281 | Additional penalties prescribed |
In addition to any disposition and fine authorized by Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215, or 13A-12-231, or any other statute indicating the dispositions that can be ordered + See morefor such a conviction, every person convicted of a violation of any offense defined in the sections set forth above, shall be assessed for each offense an additional penalty fixed at one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for a second or subsequent offense
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$1000 - $2000 | All | Yes | Court | No |
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Alabama | Ala.Code 1975 § 13A-12-231(1) | Trafficking in cannabis, cocaine, etc.; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine; habitual felony offender act. |
Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds + See moreof any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which felony shall be known as “trafficking in cannabis.” Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:a. Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000)
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$25000 | Felony | Yes | Court | No |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Alabama | Ala.Code 1975 § 14-4-10 | Hard labor; additional sentence |
Whenever any convict is sentenced by the court and required to do hard labor for the county, an additional sentence not to exceed 10 months in any case for the payment of costs of conviction may be imposed, and the court must determine a reasonable time required to work out such costs. The costs of conviction of county convicts shall be the same as provided by law now in force in the respective counties.
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Incarceration | All | No |
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Alabama | Ala.Code 1975 § 15-18-62 | Costs and Fines: willful nonpayment by defendant |
In cases of willful nonpayment of the fine and costs, the defendant shall either be imprisoned in the county jail or, at the discretion of the court, sentenced to hard labor for the county as follows:(1) If the fine and costs do not exceed two hundred fifty dollars ($250), no more than 10 days; (2) If the fine and costs exceed two hundred fifty dollars ($250) but do not exceed five hundred dollars ($500), no more than 20 days; (3) If the fine and costs exceed five hundred dollars ($500), but do not exceed one thousand dollars ($1,000), no more than 30 days; and (4) For every additional one hundred dollars ($100) or fractional part thereof, 4 days.
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Incarceration | All | Yes |
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Alabama | Ala.Code 1975 § 15-18-144 | Restitution Withholding: Attachment of property |
Any provision of any law of this state to the contrary notwithstanding and in addition to any other remedy which is or may be hereafter provided by law for the enforcement or collection of a restitution order, any decree, judgment, or order requiring the payment of restitution may include, upon motion of the victim, district attorney, the Attorney General, or the court, an order requiring that any asset or other income or any portion thereof to which a defendant is or may be entitled be withheld or attached, and such order may also require any person in real or constructive possession, custody, or control thereof to pay over, deliver, convey, transfer, or assign the same to the clerk of the court for disbursement, transfer, or assignment to the victim in accordance with the defendant's restitution obligation. If the prison authority reasonably believes that the defendant's outgoing mail contains any object or any item that has monetary value, the object or item shall be seized and transferred to the court of original jurisdiction. If the court determines that the item or object seized has monetary value, the item or object shall be transferred to the Crime Victims Compensation Fund for disbursement, transfer, or assignment to the victim for satisfaction of the defendant's outstanding restitution obligations. If the court determines that the item or object seized does not have any monetary value, the court shall return such to the prison to be promptly placed in the U.S. mail.
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Wage/bank account garnishment | All | No |
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Alabama | Ala.Code 1975 § 12-23-7 | Drug testing program |
Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole |
Condition or extension of supervision | All | Yes |
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Alabama | Ala.Code 1975 § 12-19-311(c) | Additional fees on bail bond |
Upon the failure to pay the fee in paragraph a. of subdivision (1) of subsection (a) and upon a finding of contempt in subsection (d), the bondsman, surety, guaranty, or individuals required to pay the fee shall be punished by a fine of not less than five hundred dollars ($500) in addition to the fee imposed in paragraph a. of subdivision (1) of subsection (a). The fine shall not be remitted, waived, or reduced unless the person(s) fined can show cause to the court that he or she cannot pay the fine in the reasonably foreseeable future. I
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Increased fine | All | Yes |
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Alabama | Ala.Code 1975 § 12-18-72 | Restitution to victim's of crimes: Condition of probation or parole; default. |
(a) When a defendant whose sentence has been suspended and placed on probation by the court, and ordered to make restitution, defaults in the payment thereof or of any installment, the court on motion of the victim or the district attorney or upon its own motion shall require the defendant to show cause why his default should not be treated as violation of a condition of his probation.
(b) When the defendant is sentenced to the penitentiary by the court, and the court orders restitution, it shall be made a condition of his parole that restitution be made. When the parolee defaults in the payment thereof or any installment, the parole board on motion of the victim or the district attorney or the supervising parole officer, may require the defendant to show cause why his default should not be treated as a violation of a condition of parole, and the board may declare the parolee delinquent and after due process may revoke his parole. |
Extension of probation/supervision | Misdemeanor, Felony | No |
Ability to Pay
| State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Alabama | Ala.Code 1975 § 12-19-182(b) | Solicitor's fee |
The solicitor's fee shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or + See morecapias warrant of arrest. The solicitor's fee shall be in addition to and not in lieu of any other fees or costs. The solicitor's fee shall not be waived or remitted unless the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable of paying the fee within the reasonable foreseeable future.
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All |
"capable of paying the fee within the reasonable foreseeable future." |
Not provided for | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-23-18 | Alcohol and Drug Abuse Court Referral and Treatment Program: Waiver of fees |
Any person determined to be indigent by the court may request waiver of all or part of the fees established by this chapter. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
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All | Not provided for | At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No | Not provided for |
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Alabama | Ala.Code 1975 § 12-17-226.18 | Pretrial diversion program: payment of costs |
Notwithstanding subsection (c) of Section 12-17-226.10, upon conviction for any criminal offense, felony, misdemeanor, or violation of the Code of Alabama 1975, or ordinance violation, any fees or costs shall not be waived or remitted unless the defendant or party responsible for paying the fees proves to the reasonable satisfaction of the presiding or sentencing judge that the defendant or party is not capable of paying the fees or costs within the reasonably foreseeable future.
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All |
"capable of paying the fees or costs within the reasonably foreseeable future" |
Not provided for | Not provided for | Not provided for | No | Not provided for |
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Alabama | Al. R. Cr. P. 26.11(b) | Fines and Restitution: Imposition of Fine |
(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:(1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
(d) If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine.
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Alabama | Ala.Code 1975 § 12-23-7 | Drug testing program |
Any person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes | Not provided for |
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Alabama | Ala.Code 1975 § 12-17-226.8(c) | Pretrial diversion program: Assessment of administrative fee; indigence; use of funds. |
c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to pay pretrial diversion program fees. Fees established by this division may be waived or reduced for just cause, including indigency of the applicant.(2) If an offender, upon application, claims indigency, he or she shall be brought before a court of competent jurisdiction for a determination of indigency. In the event that a court determines the offender to be indigent, any fees or costs shall not be waived or remitted unless the defendant or the party responsible for paying any fees or costs proves to the reasonable satisfaction of the judge presiding or sentencing judge that the defendant or party is not capable of paying the same within the reasonably foreseeable future. In the event the offender is determined to be indigent, a periodic review of the offender's indigent status may be conducted by the court upon motion of the district attorney to determine if the offender is no longer indigent.
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All | Not provided for | At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No | Not provided for |
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Alabama | Ala.Code 1975 § 15-12-25(a)(2) | Appointed counsel: Payment of fees by defendant. |
The court shall not order a defendant to pay the fees of court appointed counsel unless the defendant is or will be able to pay them. In determining the amount and method of payment of these fees, the court shall take into account the financial resources of the defendant and the nature of the burden that payment of the fees will impose. A defendant who has been ordered to pay the fees of court appointed counsel and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him or her for remission of the payment of these fees or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the immediate family of the defendant, the court may remit all or part of the amount due in fees or modify the method of payment.
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All |
"manifest hardship" |
Before imposition of fine or fee | Not provided for | Not provided for | No |
The court may remit all or part of the amount due in fees or modify the method of payment. |
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Alabama | Ala. Code 1975 §15-18-68(a)(1) | Restitution to victims of crimes: Determination of amount |
(a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant.
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All |
Not provided for |
Not provided for | Not provided for | Not provided for | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-12 | Expungement of records: Payment in full required |
No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fees ordered by the sentencing court to have been paid, absent a finding of indigency by the court.
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All |
Indigency |
Not provided for | Not provided for | Administrative decision | No |
Not provided for |
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Alabama | Ala. Code 1975 §15-27-4(a)-(b) | Expungement of records: Administrative filling fee. |
(a) In addition to any cost of court or docket fee for filing the petition in circuit court, an administrative filing fee of three hundred dollars ($300) shall be paid at the time the petition is filed and is a condition precedent to any ruling of the court pursuant to this chapter.
(b) Notwithstanding subsection (a), a person seeking relief under this chapter may apply for indigent status by completing an Affidavit of Substantial Hardship and Order which shall be submitted with the petition. If the court finds the petitioner is indigent, the court may set forth a payment plan for the petitioner to satisfy the filing fee over a period of time, which shall be paid in full, prior to any order granting an expungement. |
All |
Indigent |
At defendant's request before imposition of fine or fee | Not provided for | Administrative decision | No |
Payment plan |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Alabama | Ala.Code 1975 § 12-1-19 | Courts: Reports |
The clerks of the circuit courts and the clerks of the district and municipal courts in this state shall each prepare a monthly report on a form to be approved by the Chief Examiner of Public Accounts showing by totals the amount of fines, trial tax, district attorney fees and other fees that accrue to benefit of the state, county or municipality that were collected the preceding month. The report forms shall be prepared in triplicate. The original copy shall be furnished the State Comptroller, the duplicate copy shall be furnished the county commission, and the triplicate copy shall be retained in the office of the clerk.
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Obligation to collect or record | All courts |
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Alabama | Ala.Code 1975 § 12-19-180(c) | Criminal history processing fees; use |
All data collected and maintained in the State Judicial Information System from the automated management systems operated by the Administrative Office of Courts and all manuals, forms, brochures, and publications developed by the Administrative Office of Courts shall be used to assist with the administrative and management needs of court officials and employees within the Unified Judicial System. The authority for control and dissemination of data from the system or distribution of judicial forms, manuals, and publications to any individuals, corporations, partnerships, or governmental associations outside the Unified Judicial System is vested in the Administrative Director of Courts.
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Obligation to report/conduct analysis | State courts |
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Alabama | Ala.Code 1975 § 12-19-180(f) | Criminal history processing fees; use |
(f) Nothing contained in this section shall be construed to prevent, prohibit, or otherwise limit or restrict public access to individual court records from the official custodians thereof, if the records are otherwise subject to public disclosure by law or court rule, nor shall anything in this section be construed to allow access to any court records which are not otherwise subject to public disclosure by law or court rule.
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Obligation to respond to public records requests | State courts |
Collections Infrastructure
| State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Alabama | ARJA Rule 38 | Contract with private collectors |
The administrative director of courts (ADC) may contract with any collection agent or agencies for the collection of any assessments, costs, fees, fines, or forfeitures that are due to be + See morepaid to the state, county, or municipal governments or to any agency or subdivision of these governments as a result of any court action or proceedings.The ADC may enter into one contract applicable to all jurisdictions or may enter into a contract or contracts applicable to one or more jurisdictions.
No contract for the collection of assessments, costs, fees, fines, or forfeitures pursuant to this rule shall permit the collection agent or agency to receive a commission in excess of 30 percent of the amount collected. When only a portion of any assessment, cost, fee, fine, or forfeiture is collected pursuant to this rule, the commission shall be deducted pro rata from the amount due to be paid to each governmental entity (state, county, or municipal government or any agency or subdivision of these governments) entitled to a portion of the amount collected.
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Private actors |
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Alabama | Ala.Code 1975 § 12-5-10 | Responsibilities of the court |
In addition to any other duties and responsibilities that may be assigned to the Administrative Director of Courts by the Chief Justice, he shall have the following duties and authority + See morewith respect to all courts, subject to the direction of the Chief Justice: (12) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;
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State courts |
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Alabama | Ala.Code 1975 § 12-17-225.1 | Restitution recovery division |
Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty + See morepayments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
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Other |
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Alabama | Ala.Code 1975 § 15-18-64(a) | Court jurisdiction over collection |
In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of supervised or unsupervised parole or supervised or unsupervised probation, or in any way has completed all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision of law for the purposes of the enforcement of a court order related to uncollected court-ordered fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
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All courts |
Revenue Flow
| State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Alabama | Ala.Code 1975 § 12-19-175 | Docket fees; circuit court misdemeanor cases. |
(a) The following distribution shall be made of docket fees for misdemeanors in circuit court:(1) Sixteen dollars ($16) to the Fair Trial Tax Fund. (2) Sixty-four dollars ($64) to the State General Fund. (3) Ten dollars ($10) to the county general fund. (4) Ten dollars ($10) to the District Attorney Fund or to the fund prescribed by law for district attorney fees. (5) Seven dollars ($7) to the Peace Officers' Annuity Fund. (6) Five dollars ($5) to the Peace Officers' Standards and Training Fund, except that the five dollars ($5) provided herein for the Peace Officers' Standards and Training Fund shall not be assessed and collected in traffic or conservation cases. (7) Five dollars ($5) to the Advanced Technology and Data Exchange Fund. (b) The additional five dollars ($5) assessed and collected in misdemeanor cases in circuit court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund.
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State/statewide agency |
County general fund |
Misdemeanor |
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Alabama | Ala.Code 1975 § 12-19-310 | Additional docket fees. |
(a)(2) In criminal cases in the circuit, district, and municipal courts, except juvenile cases and as further provided for traffic cases, an additional docket fee of forty dollars ($40) and in traffic cases, but excluding parking violations, an additional docket fee of twenty-six dollars ($26).(b)(1) Two dollars ($2) of the traffic docket fee shall be distributed to the Police Officers' Annuity Fund before any distribution pursuant to subsections (c) and (d) of this section. (2) Ten dollars ($10) of each fee in municipal court shall be retained by the presiding municipal judge or the municipal court clerk for operation of the municipal court and, before any distribution in subsections (c) and (d), distributed to the municipality for the operation of the municipal courts. (c) There is established in the State Treasury the “State Judicial Administration Fund.” Two-thirds of the docket fees collected pursuant to subsection (a) shall be distributed to the fund and used by the Administrative Office of Courts as determined by the Administrative Director of Courts for the operation of courts in this state. (d) There is established in each judicial circuit of this state the “Presiding Circuit Judge's Judicial Administration Fund” and in each county in this state the “Circuit Clerk's Judicial Administration Fund.” One-sixth of the docket fees collected in each circuit pursuant to subsection (a) shall be distributed to the Presiding Circuit Judge's Judicial Administration Fund in the circuit. One-sixth of the docket fees collected in each county pursuant to subsection (a) shall be distributed to the Circuit Clerk's Judicial Administration Fund in the county.
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State/statewide agency |
Municipality |
All |
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Alabama | Ala.Code 1975 § 12-19-179(c) | Docket fees; traffic infractions; alias writs |
(c) Fees for issuance of alias writs from circuit and district courts shall be distributed as follows:(1) Writs issuing from district court: a. Two dollars ($2) to the county general fund. b. Eighteen dollars ($18) to the State General Fund. (2) Writs issuing from circuit court: a. Five dollars ($5) to the county general fund. b. Twenty-five dollars ($25) to the State General Fund.
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State/statewide agency |
County general fund |
All |
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Alabama | Ala.Code 1975 § 12-19-179(a)-(b) | Docket fees; traffic infractions; alias writs |
(a) The following distribution shall be made of docket fees for traffic infractions in district court:(1) Three dollars ($3) to the Police Officers' Annuity Fund. (2) Sixteen dollars ($16) to the Fair Trial Tax Fund. (3) Eight dollars fifty cents ($8.50) to the State Drivers' Fund. (4) Forty-nine dollars ($49) to the State General Fund. (5) Three dollars ($3) to the county general fund. (6) An arrest fee of five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that the arrest fee shall be paid into the county general fund in cases initiated by county law enforcement officers. (7) Two dollars fifty cents ($2.50) to the District Attorney Fund or to the fund prescribed by law for district attorney fees. (8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in traffic cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund. |
State/statewide agency |
County general fund |
Traffic |
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Alabama | Ala. Code 1975 § 13A-12-200.5(6) | Distribution of obscene material to minors — Display of material harmful to minors |
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
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State/statewide agency |
County |
Misdemeanor, Felony |
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Alabama | Ala.Code 1975 § 13A-7-29(e) | Criminal littering |
The fine from such conviction shall be awarded and distributed by the court to the municipal, and/or county, and/or State General Fund, following a determination by the court of whose law enforcement agencies or departments have been a participant in the arrest or citation resulting in the fine. Such award and distribution shall be made on the basis of the percentage as determined by the court, which the respective agency or department contributed to the police work resulting in the arrest, and shall be spent by the governing body on law and litter enforcement purposes only.
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Other |
State and/or County and/or Municipality |
Misdemeanor |
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Alabama | Ala.Code 1975 § 12-19-172(d) | Docket fees; municipal ordinance cases |
In addition to the fees now authorized by law, an additional fee of thirty dollars ($30) shall be assessed in municipal courts upon conviction of a municipal ordinance violation, excluding parking violations. The fees shall be distributed as follows: Nine dollars ($9) to the Fair Trial Tax Fund; two dollars ($2) to the municipal general fund; three dollars ($3) to the Advanced Technology and Data Exchange Fund; and sixteen dollars ($16) to the State General Fund. These fees shall be collected by the court clerk and remitted monthly in accordance with Rule 4 of the Alabama Rules of Judicial Administration. The two dollars ($2) which is distributed to the municipal general fund shall be used only for equipment, training, and certification of municipal court officials and employees and the fees shall not supplant existing funds designated by municipalities for equipment, education, and training of court personnel.
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State/statewide agency |
Municipality |
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Alabama | Ala.Code 1975 § 13A-12-200.3 | Dissemination of obscene material |
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
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State/statewide agency |
County |
Misdemeanor |
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Alabama | Ala.Code 1975 § 13A-8-73 | Theft traffic signs: Deposit of funds collected |
Any fines collected pursuant to this article shall be deposited in the general fund of the county and distributed as follows: one-half shall be designated for law enforcement purposes and one-half shall be designated to the county road and bridge fund.
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Law enforcement |
County |
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Alabama | Ala.Code 1975 § 12-19-176 | Docket fees; felony guilty pleas |
(a) The following distribution shall be made of docket fees for felony guilty plea cases in district court:(1) Ten dollars ($10) to the Police Officers' Annuity Fund. (2) Sixteen dollars ($16) to the Fair Trial Tax Fund. (3) One hundred four dollars ($104) to the State General Fund. (4) Five dollars ($5) to the county general fund. (5) An arrest fee of five dollars ($5) to the State General Fund or the state funds prescribed by law; except, that in cases initiated by county law enforcement officers, the arrest fee shall be distributed to the county general fund. (6) Thirty dollars ($30) to the District Attorney Fund or to the fund prescribed by law for district attorney fees. (7) Ten dollars ($10) to the Peace Officers' Standards and Training Fund. (8) Five dollars ($5) to the Advanced Technology and Data Exchange Fund.
(b) The additional five dollars ($5) assessed and collected in felony guilty plea cases in district court, effective October 1, 2000, shall be distributed to the Fair Trial Tax Fund. |
State/statewide agency |
County general fund |
Felony |
Court Rules
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Alabama | ARCrP Rule 6.3 | Indigence - definition |
(a) DEFINITION. The term “indigent,” as used in these rules, means a person who is financially unable to pay for his or her defense.(b) AFFIDAVIT OF SUBSTANTIAL HARDSHIP. A defendant + See moredesiring to proceed as an indigent shall complete under oath an affidavit of substantial hardship concerning his or her financial resources and may also be examined under oath regarding his or her financial resources by the court responsible for determining indigency. The defendant shall be advised of the penalties for perjury as provided by law.
(c) RECONSIDERATION. If, after an initial determination of indigency or nonindigency, there has been a material change in circumstances or new information concerning a defendant's financial status becomes available, either the defendant requesting appointment of counsel, the defendant's appointed attorney, or the prosecutor may move for reconsideration of the defendant's financial status.
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Alabama | ARCrP Rule 26.11 | Imposition of restitution |
(a) IMPOSITION OF RESTITUTION. Restitution should be ordered in all cases where a victim has been injured or damaged. The financial resources and obligations of the defendant and the burden + See morethat payment of restitution will impose should be considered in determining how much restitution is to be paid or collected, i.e., whether to be paid by installments and what length of time should be given for payment.(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:
(1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant;
(2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose;
(3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court;
(4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and
(5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
(c) IMPOSITION OF COSTS. Docket fees and other costs in criminal cases shall be assessed upon conviction.
(d) DEFERRED AND INSTALLMENT PAYMENTS. If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments.
(e) TO WHOM PAYMENT IS TO BE MADE. The payment of fines, costs, and monetary restitution shall be made to the clerk of the court, unless the court expressly directs otherwise.
(f) ACTION UPON FAILURE TO PAY FINE OR RESTITUTION.
(1) Defendants Not on Probation. If a defendant not on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall notify the district attorney and the court.
(2) Defendants on Probation. If a defendant on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall give notice of such delinquency to defendant's probation officer.
(3) When Payment Is to Be Made to Persons Other than the Clerk. Whether or not the defendant is on probation, if the payment is to be made to someone other than the clerk, the person to whom payment is to be made shall notify the probation officer (if the defendant is on probation) or the court (if the defendant is not on probation) of the defendant's failure to pay.
(g) INQUIRY INTO DEFENDANT'S ABILITY TO PAY FINE OR RESTITUTION. If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency.
(h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may:
(1) Reduce the fine to an amount the defendant is able to pay;
(2) Continue or modify the schedule of payments of the fine and/or restitution;
(3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule;
(4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or
(5) Release the defendant from obligation to pay the fine.
(i) INCARCERATION FOR NONPAYMENT OF FINE OR RESTITUTION.
(1) Incarceration shall not automatically follow the nonpayment of a fine or restitution. Incarceration should be employed only after the court has examined the reasons for nonpayment. After consideration of the defendant's situation, means, and conduct with regard to the nonpayment of the fine and/or restitution, the court shall determine the period of any incarceration in default of payment of the fine and/or restitution, subject to the following limitations:
(i) In no event shall such period of incarceration exceed one (1) day for each fifteen dollars ($15.00) of the fine.
(ii) If the fine was imposed in connection with a felony, the period of incarceration may not exceed one (1) year.
(iii) If the fine was imposed in connection with a misdemeanor or municipal ordinance violation, the period of incarceration may not exceed one-third ( ⅓ ) of the maximum term of incarceration authorized for the offense.
(iv) If, at the time the fine was imposed or the restitution was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense.
(2) In no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution.
(3) If the court orders a defendant to pay a fine and/or restitution imposed as a result of a traffic infraction, the court may suspend the defendant's privilege to operate a motor vehicle in this state upon a failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been suspended for failure to comply with such court order, the privilege may remain suspended until the total amount of the fine and/or restitution imposed is paid.
(j) COLLECTION OF COSTS. Court costs shall be deemed part of the penalty and the same procedures provided herein for nonpayment of fines shall apply for nonpayment of costs.
(k) EXECUTION FOR FINE AND COSTS. If the fine or court costs are not discharged by payment or by service of a period of incarceration in default of the fine or court costs and if restitution is not discharged, the clerk may issue execution for the fine, restitution, and costs adjudged, or any portion remaining unpaid. The district attorney, or the county or municipal attorney, as applicable, shall institute appropriate proceedings or take necessary action to collect unpaid fines, restitution, and costs.
Editors' Notes
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Ability to pay |
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Alabama | ARCrP Rule 28 | Records and evidence | All records and evidence of the proceedings must be retained according to the records retention schedule approved by the Alabama Supreme Court. | Transparency |
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Alabama | ARCrP Rule 26.11 | Imposition of restitution |
(a) IMPOSITION OF RESTITUTION. Restitution should be ordered in all cases where a victim has been injured or damaged. The financial resources and obligations of the defendant and the burden + See morethat payment of restitution will impose should be considered in determining how much restitution is to be paid or collected, i.e., whether to be paid by installments and what length of time should be given for payment.(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider:
(1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant;
(2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose;
(3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court;
(4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and
(5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties.
(c) IMPOSITION OF COSTS. Docket fees and other costs in criminal cases shall be assessed upon conviction.
(d) DEFERRED AND INSTALLMENT PAYMENTS. If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments.
(e) TO WHOM PAYMENT IS TO BE MADE. The payment of fines, costs, and monetary restitution shall be made to the clerk of the court, unless the court expressly directs otherwise.
(f) ACTION UPON FAILURE TO PAY FINE OR RESTITUTION.
(1) Defendants Not on Probation. If a defendant not on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall notify the district attorney and the court.
(2) Defendants on Probation. If a defendant on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall give notice of such delinquency to defendant's probation officer.
(3) When Payment Is to Be Made to Persons Other than the Clerk. Whether or not the defendant is on probation, if the payment is to be made to someone other than the clerk, the person to whom payment is to be made shall notify the probation officer (if the defendant is on probation) or the court (if the defendant is not on probation) of the defendant's failure to pay.
(g) INQUIRY INTO DEFENDANT'S ABILITY TO PAY FINE OR RESTITUTION. If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency.
(h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may:
(1) Reduce the fine to an amount the defendant is able to pay;
(2) Continue or modify the schedule of payments of the fine and/or restitution;
(3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule;
(4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or
(5) Release the defendant from obligation to pay the fine.
(i) INCARCERATION FOR NONPAYMENT OF FINE OR RESTITUTION.
(1) Incarceration shall not automatically follow the nonpayment of a fine or restitution. Incarceration should be employed only after the court has examined the reasons for nonpayment. After consideration of the defendant's situation, means, and conduct with regard to the nonpayment of the fine and/or restitution, the court shall determine the period of any incarceration in default of payment of the fine and/or restitution, subject to the following limitations:
(i) In no event shall such period of incarceration exceed one (1) day for each fifteen dollars ($15.00) of the fine.
(ii) If the fine was imposed in connection with a felony, the period of incarceration may not exceed one (1) year.
(iii) If the fine was imposed in connection with a misdemeanor or municipal ordinance violation, the period of incarceration may not exceed one-third ( ⅓ ) of the maximum term of incarceration authorized for the offense.
(iv) If, at the time the fine was imposed or the restitution was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense.
(2) In no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution.
(3) If the court orders a defendant to pay a fine and/or restitution imposed as a result of a traffic infraction, the court may suspend the defendant's privilege to operate a motor vehicle in this state upon a failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been suspended for failure to comply with such court order, the privilege may remain suspended until the total amount of the fine and/or restitution imposed is paid.
(j) COLLECTION OF COSTS. Court costs shall be deemed part of the penalty and the same procedures provided herein for nonpayment of fines shall apply for nonpayment of costs.
(k) EXECUTION FOR FINE AND COSTS. If the fine or court costs are not discharged by payment or by service of a period of incarceration in default of the fine or court costs and if restitution is not discharged, the clerk may issue execution for the fine, restitution, and costs adjudged, or any portion remaining unpaid. The district attorney, or the county or municipal attorney, as applicable, shall institute appropriate proceedings or take necessary action to collect unpaid fines, restitution, and costs.
Editors' Notes
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Enforcement |
Structure of Courts
| State | Statute | Description/Statute Name | Statutory language | Court/legal body | Function | |
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Alabama | Ala.Code 1975 § 12-2-7 | Supreme court - jurisdiction |
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision + See moreof the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction.
(4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate.
(5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both.
(6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following:
a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law.
b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact.
c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140.
d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754.
e. A bar disciplinary proceeding.
(7) To exercise such other powers as are or may be given to the Supreme Court by law.
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Supreme Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-11-30 | Circuit court - jurisdiction |
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds ten thousand dollars ($10,000), exclusive of interest and costs, + See moreand shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law.
(4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts.
(5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section.
(6) GENERAL. The circuit court shall have other powers as provided by law.
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Circuit Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-34 | Juvenile jurisdiction | Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law. | District/Circuit Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-51 | District court - jurisdiction over misdemeanor prosecution for traffic violations | The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions, except ordinance infractions prosecuted in municipal courts. | District Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-3-9 | Criminal jurisdiction |
The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.
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Court of Criminal Appeals | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-12-32 | Misdemeanors (District court - jurisdiction) |
(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except:(1) Prosecutions by municipalities having municipal courts; (2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death. (2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as provided for in Title 15 of this code .
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District Court | Jurisdiction of the courts |
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Alabama | Ala.Code 1975 § 12-23A-4(a)(1) | Drug court - establishment of |
The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court.
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Drug Court | Creation of the courts |
Case Law
| State | Citation | Question | Brief Answer | Language from the opinion | When does the case apply? | |
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Alabama | Adams v. City of Pelham, 651 So. 2d 55, 56 (Ala. Crim. App. 1994) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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The burden of proof with respect to indigency (at least in cases concerning appointment of counsel) is on the defendant | A criminal defendant has the burden of proving to the court that he is indigent and, thereby, is entitled to court-appointed counsel. | Ability to pay |
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Alabama | Reese v. State, 717 So. 2d 412, 412 (Ala. Civ. App. 1998) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | No, if it is determined that the imposition of those fees does not impose a hardship |
In criminal cases in which the court has appointed counsel for a defendant, the court can order the defendant to pay all or part of the costs of legal services + See moreprovided, if the court finds that the defendant can pay without incurring substantial hardship. Rule 6.4(f), Ala. R.Crim. P.
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Attorney General Opinions
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Alabama | Ala. Att'y Gen. Op. 2003-086 | Alabama-Attorney General opinion |
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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An indigent defendant facing contempt proceedings where he is sentenced to a term of imprisonment, which is suspended, is entitled to the appointment of counsel pursuant to Alabama v. Shelton. |
Under Alabama v. Shelton, 122 S. Ct. 1764, 1767 (2002), a defendant is entitled to counsel if he: (1) is indigent; (2) has not waived the right to coun¬sel; + See moreand (3) is given a suspended sentence that may “end up in the actual depri¬vation of [his] liberty[.]” Based on the scenario you have presented, if the con¬temnor is indigent and, as it appears, he was not advised of and did not waive the right to counsel, he was entitled to an attorney at the time he pleaded guilty to the contempt charges. Consequently, he cannot be incarcerated on the con¬tempt charges. Under Shelton, appointment of counsel for indigent defendants is a con-stitutional prerequisite to the imposition of a conditional or suspended term of imprisonment. Although the contempt proceeding is considered “quasi-criminal” in nature and characterized as a “violation,” rather than a “crime” [see Ivey v. State, 698 So. 2d 179, 184 n.2 (Ala. Crim. App. 1995), aff’d, 698 So. 2d 187 (Ala. 1997)], because the defendant faces the possibility of incarceration [see ALA. CODE §13A-5-7 (1994) (stating that a defendant faces a term of imprisonment for both misdemeanors and violations)], he is entitled to counsel. See Lassiter v. Dep’t of Soc. Serv., 452 U.S. 18, 25 (1981) (recognition of right to appointed counsel in a civil proceeding “where the litigant may lose his physical liberty if he loses the litigation”); see also Opinion to Rex K. Rainer, Director, Department of Finance, dated July 23, 1982, A.G. No. 82-00465; Ridgway v. Baker, 720 F.2d 1409, 1413 (5th Cir. 1983).
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Alabama | Ala. Att'y Gen. Op. 2002-036 | Alabama-Attorney General opinion |
The United States Supreme Court and the Supreme Court of Alabama have set forth minimal due process procedures to be afforded to a probationer in a probation revocation hearing.
In a + See moreprobation revocation hearing, the probationer must be given written notice of the claimed violations of probation, a written statement by the factfinder as to the evidence relied on, and the reasons for revoking his probation.
Because review of probation revocation proceedings from district or municipal court is in the nature of certiorari, no appeal bonds would be set.
The right to counsel in probation revocation proceedings is not absolute.
The judge conducting the probation hearing should decide on a case-by-case basis whether due process requires that an indigent probationer be represented by counsel.
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the Supreme Court of Alabama has set forth the requirements and guidelines that must be met for minimal due process to be accorded the probationer under Morrissey and Gagnon before + See morehis pro¬bation can be revoked. These guidelines include:
1. Written notice to the probationer of the claimed violations of probation.
2. Disclosure to the probationer of evidence against him or her.
3. Opportunity of probationer to be heard in per-son and to present witnesses and documentary evidence.
4. The right to confront and cross-examine adverse witnesses (unless the judge specifically finds good cause for not allowing confrontation).
5. A written statement by the judge as to the evi-dence relied on and reasons for revoking proba-tion.
6. The trial judge who granted probation may also conduct the revocation hearing. (We are not convinced that a detached and neutral judge should hold a revocation hearing. Judges preside over retrials. There appears to be no sound rea-son why the judge who granted probation could not fairly and impartially preside over revocation of probation hearing.)
7. We see no valid reason for having two hear¬ings if the probationer has been given sufficient notice of the charges and the evidence to be relied on for revocation of probation. If the pro¬bationer has not had time to prepare to refute the charges and evidence against him, he can have a timely continuance. 8. The judge conducting the probation hearing should decide on a case by case basis whether due process requires that an indigent probationer be represented by counsel.
9. It is not to be understood that proof beyond a reasonable doubt or the preponderance of the evidence are the standards to be applied in determining whether the probation should be revoked. The trial judge must only be reasonably satisfied from the evidence that the probationer has violated the conditions of his probation. Fiorella v. State, 40 Ala.App. 587, 121 So.2d 875 (1960).
Armstrong v. State, 294 Ala. 100, 102-03, 312 So. 2d 620, 622-23 (Ala. 1975) (footnote omitted).
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Alabama | Ala. Att'y Gen. Op. 1998-00043 | Alabama-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? |
A municipality may enter into a contract with a pri¬vate probation service to fulfill the needs of the munic¬ipal court. Furthermore, a municipal judge can assess a supervision fee upon + See moreeach probationer as a condition of probation. This fee, however, cannot exceed the proba¬tioner's ability to pay.
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Court costs are prescribed by statute and cannot be extended. See Attorney General's Opinion to Honorable Steven E. Blair, dated August 11, 1995, A.G. No. 95-00283.
The municipal probation + See morestatute, however, gives the judge broad authority to place conditions on probation. ALA. CODE _ 12-14-13 (1995). The statute not only pro¬vides a listing of conditions that the judge may require the probationer to comply with, but also gives the judge the authority to require the probationer to comply with "any other conditions." Id. Therefore, it is the opinion of this Office that a municipal judge can assess a super¬vision fee upon each probationer as a condition of probation.
Any condition placed on a probationer that requires the payment of a fee, fine, or restitution should not exceed the probationer's ability to pay. See ALA. R. CRIM.
P. 27.1, Committee Comments.
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Alabama | Ala. Att'y Gen. Op. 2012-027 | Alabama-Attorney General opinion | Other applicable opinions | Non-indigent defendants may be incarcerated for failure to pay a fine after serving his or her sentence for the underlying offense |
Subject to the limitations of Rule 26.11 of the Alabama Rules of Criminal Procedure, the court may place a nonindigent defendant in jail for failure to pay a fine after + See morethe defendant has completed his or her sentence or probation for the underlying offense. The defendant may serve time until the fine is paid or no longer than one day for each $15 of the fine, no longer than the maximum term of imprisonment for the offense, and no longer than one year if the offense is a felony.
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Alabama | Ala. Att'y Gen. Op. 2002-336 | Alabama-Attorney General opinion | Other applicable opinions | A municpality may publish, in a newspaper of local circulation, the names of those individuals with outstanding warrants for unpaid fines and the amount of those fines. |
This Office has previously opined that municipal court records are public records to which the public has access with certain limitations as to confidential information contained therein. Opinion of + See morethe Attorney Gen-eral to the Honorable Bernice Kuykendall, Mayor, City of Cordova, dated September 2, 1987, A.G. No. 87-00303. As public records, the contents thereof, with certain limitations, may be published in the newspaper. Opinion of the Attorney General to the Honorable William T. Musgrove Jr., Attorney, City of Florence, dated October 6, 1988, A.G. No. 89-00003. The name, address, birth date, offense, and the amount of the past-due fine, as nonconfidential information contained in a municipal court record, may be published in a local newspaper as part of the collec-tion process. Id.
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Alabama | Ala. Att'y Gen. Op. 2000-020 | Alabama-Attorney General opinion | Other applicable opinions |
When a defendant is arrested for failure to appear or failure to pay, Rule 4.3(b)(3), ARCrP, requires that a judge or magistrate conduct an initial appearance hearing within 72 hours + See moreof arrest if the defendant has not obtained his or her release from jail.
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Regarding circumstances where a defendant fails to pay court-ordered monies, Rule 26.11, ARCrP, provides that a judge must conduct a hearing to determine the financial means of a defendant for + See morethe payment of court-ordered fines and costs, and authorizes imprisonment for non-indigent defendants who fail to pay. Rule 27.2, ARCrP, authorizes a judge to order a defendant to pay court costs and fines as a condition of probation. As previously discussed, in cases involving breaches of con¬ditions of probation, including conditions requiring payment of fines, costs, restitution, or other court-ordered assessments, the court must con¬duct an initial appearance hearing upon the arrest of a probationer before the probationer is incarcerated. The court must inquire into the proba¬tioner’s financial status and determine whether the probationer is indigent since incarceration of an indigent for nonpayment is prohibited.
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Enforcement |
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